Announcement

Collapse
No announcement yet.

CS Payer parent on Disability

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    I am not a lawyer and certainly don't have a lot of experience on this.
    The rulings also change 2 years ago may not be relevant today.

    The late Cindy Blatchford did series on how guys don't do so well in family court. She did write a piece on a guy that....well he couldn't pay the child support and was dirt poor. He never got a break.

    In this case link the father had their s7 reduced. Base child support remained the same. He had a claim for undue hardship:
    https://canliiconnects.org/en/commentaries/40144

    This will help answer your question on receipts, there are references in that ruling to reducing CS, they were on ODSP: https://www.canlii.org/en/on/oncj/doc/2018/2018oncj921/2018oncj921.html

    Child Support is one of those sacred cows, not to be messed with so yeah they are going to want evidence for expenses when undue hardship is being claimed. I mean if you are saying you spend $400/month on rent and $200/month for food they will likely believe you.


    Unable to afford living expenses that is a relative term. Having to pay for items in cash and not having receipts, judges do not like people that avoid taxes or don't file their taxes.
    Here is a link to the Federal guidelines for undue hardship:

    https://www.justice.gc.ca/eng/rp-pr/...p/v2/v2_4.html

    If you are only getting $10K on disability insurance then you fall below the table amount.

    If you go through that stuff and find something more definitive than our shoulder shrugs etc. it woudl be good to hear back from you!
    Last edited by pinkHouses; 05-27-2022, 10:37 PM.

    Comment


    • #17
      Originally posted by Croa View Post
      I am talking about payer's living expenses on financial statement. Will the court request evidences for expenses when come to arguments of undue hardship? There is no receipts for some expenses as some of them paid in cash or other ways. Will repayment of personal borrowing be supported as payer's expense at court? Bank records are available.

      Because you swear an oath that the financial statement is true they don’t require proof. Normal household expenses are permitted regardless of how you pay them. For instance heat, hydro etc.

      Comment


      • #18
        how about other expenses, personal support, transportation, etc. due to medical conditions? Getting help from friends for daily life, compensate friends in some ways as appreciation. Thanks.

        Comment


        • #19
          Originally posted by Croa View Post
          how about other expenses, personal support, transportation, etc. due to medical conditions? Getting help from friends for daily life, compensate friends in some ways as appreciation. Thanks.

          You dont pay for charity and you would claim the transportation and medical devices but if you are on workplace sponsored disability, those things should be covered. If you are government disability, like ODSP then I dont believe support is paid. BUT you have to prove you absolutely can’t work.

          Comment


          • #20
            What was your income.
            What is your income.
            What's the access schedule.

            Yes people on disability still pay support.
            Your option is undue hardship, which is highly unlikely.

            Comment


            • #21
              I am asking this for a friend on long term disability, he is receiving LTD income from insurance company. Because of his medical conditions, his drivers license is suspended, and his doctor has also suggested personal support for his daily life. I often help him with transportation, grocery, Doctor's appointments, communication, etc., he sometime pays my gas, bills, cash, etc. He wants to put those on his financial statement and wanted to know if it would be permitted in court or need any proof for it. Thanks again.

              Comment


              • #22
                His financials were submitted with his application/response. It would include all income and expenses. However, he has an income and will pay support based on it if he's lucky. Otherwise it could be imputed for more. Again- highly unlikely to qualify for undue hardship while on LTD and receiving benefits. Children would come first.

                Comment


                • #23
                  Originally posted by StillPaying View Post
                  His financials were submitted with his application/response. It would include all income and expenses. However, he has an income and will pay support based on it if he's lucky. Otherwise it could be imputed for more. Again- highly unlikely to qualify for undue hardship while on LTD and receiving benefits. Children would come first.

                  If it’s a change of circumstances he would do a new financial statement. That would include any expenses as well as a status on what the timelines are for treatment or recovery.

                  Child support is normally priority but I have also seen people on disability given a pass.

                  Comment


                  • #24
                    Just let them put it on the form.
                    If the judge says "I don't believe you, let me see those receipts" then they will have to provide receipts, maybe an affidavit from you (?)

                    If you are doing work for them and they are paying you did you claim it as income on your taxes?

                    There isn't much of an upside to this.
                    Are they looking to pay CS based on their LTD income or some lower amount?

                    Comment


                    • #25
                      Child support is normally priority

                      Comment


                      • #26
                        Originally posted by rockscan View Post
                        ... as well as a status on what the timelines are for treatment or recovery.

                        Child support is normally priority but I have also seen people on disability given a pass.
                        Timeline is indefinite dr ex.
                        Its been more than 6 months, STD.
                        LTD is available for 2 years, unless catastrophic and permanent.

                        If you come across any LTD's getting a pass do let us know.

                        Are they looking to pay CS based on their LTD income or some lower amount?
                        Lower table amount. Not going to happen.
                        Be a 50% parent and you'll also receive support - but your friend will be paying table based on all his income replacement benefits.

                        Comment


                        • #27
                          Are they looking to pay CS based on their LTD income or some lower amount?
                          Originally posted by StillPaying View Post
                          Lower table amount. Not going to happen.
                          Be a 50% parent and you'll also receive support - but your friend will be paying table based on all his income replacement benefits.
                          ^^^This.
                          Sometimes it doesn't happen and some people believe they still have to pay CS based on their full income no matter what.

                          Not sure what the OPs friend is looking for.
                          For all we know their LTD is 70K a year and this is all becomes a moot conversation.



                          Nothing stops them from making a side deal with their ex except their ex.

                          Comment


                          • #28
                            He is looking for lower amount as his current income is not even enough for himself and has another young child not in his custody needs to support and visit, and access to another child is very expensive because of different cities. Another child also lives with him during breaks, holidays.

                            Comment


                            • #29
                              Originally posted by Croa View Post
                              He is looking for lower amount as his current income is not even enough for himself and has another young child not in his custody needs to support and visit, and access to another child is very expensive because of different cities. Another child also lives with him during breaks, holidays.

                              Doesn’t matter. His obligation is to his first child(ren) and then to the next child.

                              Comment


                              • #30
                                Originally posted by Croa View Post
                                He is looking for lower amount as his current income is not even enough for himself and has another young child not in his custody needs to support and visit, and access to another child is very expensive because of different cities. Another child also lives with him during breaks, holidays.
                                That is a complicated life.

                                I posted a few links to cases.
                                Ask him to read the cases and the cases those cases linked.
                                The expense of having to travel to different cities is reason to reduce child support but I am going to guess and say that is only good for reducing CS to the applicable set of children, definitely a big guess.

                                If your friend wants to put those expenses on their form then they may chose to do that but it becomes complicated you obtaining income assuming it is not claimed as income.

                                Your friend may also qualify for legal aid, he can call them and do an intake with them.
                                Last edited by pinkHouses; 05-28-2022, 09:21 PM.

                                Comment

                                Our Divorce Forums
                                Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                                Working...
                                X